Legal Question in Medical Malpractice in California
Aggressive and cruel bowel impaction treatment on a dying man.
My husband was diagnosed with metastatic pancreatic cancer. Hopice care began on 12/11/01 without any contact with his onocologist, who is also hospice's medical director. On 12/13/01 nurse #1 initiated aggressive laxative (lactalose) program every two hours until bowel movement started. No bowel movement occured and patient's abdomen became distended (ascites). Patient was in extreme pain. After patient was administed liquid morphine and ativan in quick, successive doses nurse #2 was called and she said patient had bowel impaction. She proceeded to insert her fist up patient's rectum and removed handfuls of feces in a few minutes while patient screamed and moaned in pain. She later told me this procedure often precipitates death in a patient. She also said, ''Your husband went through hell tonight.'' This nurse left at 2 a.m. and my husband died at 4 p.m. on the same day. Death certificate reads patient died of cardiac arrest. Do I have a case for medical malpractice?
2 Answers from Attorneys
Re: Aggressive and cruel bowel impaction treatment on a dying man.
What I can tell you is that I am so very sorry that this individual had to die in this way. He did go through hell.
However, with regard to your legal question I cannot answer it without more information. What I normally do in these cases is to get a copy of the medical records and then I send them to my expert medical doctor to review. My expert will then tell me if there is something in the records that indicate the doctors or staff fell below the standard of care. If you want me to find out you will need to forward me a copy of the medical records.
Second, this case is going to be further complicated by the fact that the person was diagnosed with pancreatic cancer. The defense is going to argue that the person was going to die anyway even if they in some way caused the death.
Honestly, this is as much as I can tell you without first reviewing the records. Despite what you heard the nurses say, the law in this state is such that their care fell below the state standard of care, which requires and expert doctor to testify to. Without that, you will most likely lose the case.
Re: Aggressive and cruel bowel impaction treatment on a dying man.
A medical expert would have to be consulted, but if the treatment and regimen were improper, I would say it amounts to Elder Abuse, not just malpractice. http://www.4thelaw.com/services2.html
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